Noble State Bank v. Haskell
Supreme Court of the United States
MOTION FOR LEAVE TO FILE PETITION FOR REHEARING. The facts are stated in the opinion. Counsel hardly presumes to expect this court to reconsider a conclusion reached by unanimous agreement, but respectfully suggests that the opinion is based on an erroneous assumption of fact and on a principle of law not supported by former decisions.
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MOTION FOR LEAVE TO FILE PETITION FOR REHEARING. The facts are stated in the opinion. Counsel hardly presumes to expect this court to reconsider a conclusion reached by unanimous agreement, but respectfully suggests that the opinion is based on an erroneous assumption of fact and on a principle of law not supported by former decisions. The erroneous assumption of fact is that the property taken by the law under consideration is-a comparatively insignificant portion of the bank’s capital. The principle of law referred to is that a portion of the bank’s property may be taken without return to…
1Opinion of the CourtJustice Holmes
Leave to file an application for rehearing is asked in this cáse. We see no reason to grant it, but, as the judgment delivered, ante, p. 104, seems to have conveyed a wrong impression of the opinion of the court in some details, we add a few words to what was said when the case was decided. We fully understand the practical importance of the question and the very powerful argument that can be made against the wisdom of the legislation, but on that point we have nothing to say, as it is not our concern.. Clark v. Nash, 198 U. S. 361, Strickley v. Highland Boy Mining Co., 200 U. S. 527, etc.,…
2Cases cited2 opinions
- Clark v. NashSupreme Court of the United States · 1905
- Strickley v. Highland Boy Gold Mining Co.Supreme Court of the United States · 1906
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- State v. Mountain Timber Co.Washington Supreme Court · 1913
- Creditors' Service Corp. v. CummingsSupreme Court of Rhode Island · 1937
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